As a parent who cherishes your children above all else, the mere thought of having to go to legal war in a child custody case likely sends shivers down your spine. This hopefully ignites an urge to shield the children from the contentious relationship you have with the other parent. As the reality of litigation begins to set in, your heart is likely burdened by the weight of uncertainty, plagued by countless what ifs and what impact will this end up having?
As we begin our journey exploring such family law issues, I want to take a moment to let you know that you are not alone; countless others have experienced this hellish experience as they grapple with the fears, doubts, and hopes for their future and the fate of their children. Perhaps prior to working with Michael Cochran Law Offices you have had some negative experiences or results in family law matters. We want you to know that we have staff who not only care about our clients and their children, but also have the knowledge and experience to translate that concern into action that actually benefits you in all possible ways.
As a precursor to legal representation, the purpose of this chapter is to provide some of the basics you will need to know. Regardless of whether you retain our services, there are some key concepts and truths you need to know. Firstly is critical for you to understand the legal standard on which child custody and support rests — the best interest of the child. We’ll dig a little deeper into this later. Second is a basic understanding of child custody, and we’ll go ahead and tackle this now. There are two types of child custody: legal and physical.
You may think of legal custody as how long-term decisions on behalf of the child are made and to what extent each parent participates in arriving at these decisions, whether mutually or independently. These long-term decisions include choices about:
As a parent, I am sure a multitude of potential circumstances and resulting decisions arising from these important aspects of your child’s life are coming to mind. Picture the elements listed above as the sturdy branches of a tree, each representing significant long-term decisions. Continuing with this metaphor, from these branches spring countless leaves — smaller, but nonetheless important to consider.
These “leaves” may be: Should my child undergo orthodontic treatment? Which orthodontist is best suited for their needs? Which healthcare insurance plan provides the most comprehensive coverage? Is this special program or school the right fit for my child? These type of questions are among those you will likely face as your child grows, choices that significantly shape the course of your child’s life. If you do not gain legal custody, you won’t be able to meaningfully guide the outcomes.
There are several legal custody arrangements courts may award based on the evidence admitted:
Joint Legal Custody
Both parents participate in making decisions regarding the child’s upbringing, welfare, and major life choices. This arrangement requires effective, good faith discussion and cooperation between parents. If the relationship between parents is such that they cannot communicate effectively, the court will likely determine joint custody is inappropriate.
Sometimes the court will award joint legal custody with tie-breaking authority. Here, the court grants one parent the authority to make the final decision when the parents are unable to arrive at an agreement after a good faith discussion.
In some cases the court may require parents to seek mediation to resolve decisions they cannot make on their own. A neutral mediator facilitates discussions between the parents and helps them reach a mutually acceptable decision. If the parents still cannot reach an agreement through mediation, the mediator will have the authority to make the decision on their behalf.
Attorney Michael Cochran is a seasoned family law practitioner based in Baltimore, MD, with a track record of guiding clients through the potential battlefield of child custody. With over a decade of experience in family law with his own firm, he has provided invaluable assistance to individuals facing similar challenges, ensuring they achieve the outcomes they need to protect and promote positive relationships with their children.
Still have questions? Ready to get started? Reach out to Michael Cochran Law Offices today to schedule an initial consultation.
Sole Legal Custody
If parents have a history of poor communication or violence, or if one parent is abusive or negligent, the court may grant sole legal custody to one parent. This means that one parent has the authority to make long-term decisions for the child without the input of the other parent. Communication between the parents may be limited to only the most basic aspects of essential matters, often facilitated through messaging apps to lower the chances of escalation.
Physical custody essentially boils down to parenting time with the children. There are different arrangements for physical custody, and they closely mirror those of legal custody: sole physical custody, primary physical custody, or shared physical custody.
Sole Physical Custody
This arrangement is rare, typically occurring only when one parent is deemed entirely unfit or unable to have unsupervised access to the child. In sole physical custody, one parent has the primary responsibility for the child’s care and residence, while the other parent may have supervised visitation or very limited parenting time.
Primary Physical Custody
In primary physical custody, one parent has the majority of parenting time with the child. The child primarily resides with this parent and typically attends school from their residence. The other parent will likely have visitation rights, such as weekends and occasional dinner visits during the week.
Shared Physical Custody
Shared physical custody means that parenting time is distributed fairly equally between both parents. This arrangement can take various forms, such as the following common examples:
Factors such as the parents’ schedules, proximity to schools, and the child’s needs and preferences all weigh into the court’s determination of what arrangement to order.
Determining legal and physical custody is founded on the best interest of the child standard. During trial proceedings, both parents present evidence relevant to their fitness as parents, concerns about the other parent’s ability to care for the child, and other important factors.
Maryland courts typically start with a presumption that it is in the child’s best interest to enjoy equal time with both parents – that is unless there are compelling reasons to the contrary. Factors such as the parents’ mental health, substance abuse issues, history of abuse or neglect, and the child’s relationship with each parent are considered in determining custody arrangements. The court will also look at what the visitation arrangements have been recently, as they often shy away from requiring changes in the child’s life that may be scary or upsetting to which the child is accustomed.
If there are significant concerns about one parent’s ability to provide a safe and nurturing environment for the child, the court may grant primary physical and legal custody to the other parent. On the other hand, if both parents are deemed fit and capable of caring for the child, the court may opt for a shared physical custody arrangement to ensure the child maintains meaningful relationships with both parents.
Ultimately, the court’s decision is guided by what it believes will promote the child’s overall well-being and development. The court seeks to facilitate close relationships between the child and both parents as bonds of trust and communion are the building blocks of a physically and emotionally sound child.
For more information on Custody: The Different Types of Arrangements, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (240) 433-5247 today.
Attorney Michael Cochran is a seasoned family law practitioner based in Baltimore, MD, with a track record of guiding clients through the potential battlefield of child custody. With over a decade of experience in family law with his own firm, he has provided invaluable assistance to individuals facing similar challenges, ensuring they achieve the outcomes they need to protect and promote positive relationships with their children.
Still have questions? Ready to get started? Reach out to Michael Cochran Law Offices today to schedule an initial consultation.
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